S.B. 273 Enrolled

1

EMERGENCY RESPONDER FEES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 10, Utah Municipal Code, and Title 11, Cities, Counties, and
10 Local Taxing Units, by prohibiting a municipality or political subdivision from
11 charging a first responder fee.
12 Highlighted Provisions:
13 This bill:
14 . defines the term "political subdivision"; and
15 . prohibits a municipality or political subdivision from charging an individual a flat
16 fee for responding to a traffic incident.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 10-8-55.5, Utah Code Annotated 1953
24 11-46-101, Utah Code Annotated 1953
25 11-46-102, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-8-55.5 is enacted to read:
29 10-8-55.5. Prohibition of flat response fee.

30 (1) A municipality, or a person who contracts with a municipality to provide
31 emergency services:
32 (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
33 traffic incident; and
34 (b) may only charge the individual for the actual cost of services provided in
35 responding to the traffic incident, limited to:
36 (i) medical costs for:
37 (A) transporting an individual from the scene of a traffic accident; or
38 (B) treatment of a person injured in a traffic accident;
39 (ii) repair to damaged public property, if the individual is legally liable for the damage;
40 (iii) the cost of materials used in cleaning up the traffic accident, if the individual is
41 legally liable for the traffic accident; and
42 (iv) towing costs.
43 (2) If a municipality, or a person who contracts with a municipality to provide
44 emergency services, imposes a charge on more than one individual for the actual cost of
45 responding to a traffic incident, the municipality or person contracting with the municipality
46 shall apportion the charges so that it does not receive more for responding to the traffic incident
47 than the actual response cost.
48 Section 2. Section 11-46-101 is enacted to read:
49 CHAPTER 46. EMERGENCY RESPONSE
50 11-46-101. Title.
51 This chapter is known as "Emergency Response."
52 Section 3. Section 11-46-102 is enacted to read:
53 11-46-102. Prohibition of response fees.
54 (1) As used in this section, "political subdivision" means a county, city, town, local
55 district, or special district.
56 (2) A political subdivision, or a person who contracts with a political subdivision to
57 provide emergency services:

58 (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
59 traffic incident; and
60 (b) may only charge the individual for the actual cost of services provided in
61 responding to the traffic incident, limited to:
62 (i) medical costs for:
63 (A) transporting an individual from the scene of a traffic accident; or
64 (B) treatment of a person injured in a traffic accident;
65 (ii) repair to damaged public property, if the individual is legally liable for the damage;
66 (iii) the cost of materials used in cleaning up the traffic accident, if the individual is
67 legally liable for the traffic accident; and
68 (iv) towing costs.
69 (3) If a political subdivision, or a person who contracts with a political subdivision to
70 provide emergency services, imposes a charge on more than one individual for the actual cost
71 of responding to a traffic incident, the political subdivision or person contracting with the
72 political subdivision shall apportion the charges so that it does not receive more for responding
73 to the traffic incident than the actual response cost.